Areas of Practice
Industries
Bar Admissions
- Texas, 1990
Court Admissions
- United States Court of Appeals Fifth Circuit
- United States District Court Northern, Southern, Western and Eastern Districts of Texas
Education
- St. Mary's University School of Law, J.D., cum laude, Staff, St. Mary's Law Journal, 1990
- Southwest Texas State University, B.B.A., 1984
Certifications
Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization
Dan Stern advises employers on labor and employment matters including affirmative action plans; wage and hour issues; and discrimination and harassment claims. By recommending and developing effective employment policies and procedures, he helps clients reduce the risk of employment-related lawsuits. He is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization.
Experience
Dan works with employer clients to bring their existing workplace policies into compliance with best practices in the human resources field, and he provides day-to-day counseling which enables clients to make wise decisions in human resource matters. Understanding the frequent and complex employment issues continually faced by today’s employers, Dan has designed his practice so that he is readily and quickly available to his clients. He is a frequent speaker and author on employment matters and labor-related legislative changes, with a particular focus on wage and hour issues.
His experience includes the following:
Employee Relations Counseling and Compliance
- Representation of companies in the drafting of affirmative action plans and during onsite audits of those plans by the Department of Labor, Office of Federal Contract Compliance Programs
- Representation during OSHA investigations, responding to citations and during settlement conferences
- Provided guidance to client who was the target of a phishing scheme where employee data was breached
- Represented multiple clients in audits conducted by the Department of Labor’s Wage and Hour Division
- Development and presentation of in-house training for clients concerning human resources issues including harassment, hiring, firing, disciplining and documentation
- Conduct audits of clients’ policies, procedures and compliance
- Developed, reviewed and maintained employee handbook, policies and procedures, including Family and Medical Leave, social media, and termination provisions
- Daily ongoing consultation with clients in varying industries on hiring, disciplining, terminating and leave of absence issues along with many other concerns
- Assisted large financial institution in developing hiring process related to background checks to comply with new EEOC guidance
- Preparing separation agreements at time of termination for executives with confidential information and large reductions in force with Older Worker Benefit Protection Act implications
Employment Litigation
- Representation of a local company in a lawsuit filed by the Equal Employment Opportunity Commission (EEOC) alleging harassment and retaliation; settled matter for nominal amount
- Representation of companies in workers’ compensation retaliation lawsuits, each settling for amounts less than defense costs
- Defended multiple EEOC charges for clients of varying sizes and wide ranging industries
- Obtained a summary judgment in favor of a University who was being sued by a doctor alleging national origin discrimination claiming she was terminated because of her heavy accent
Seminars & Speeches
- Avoiding the Adrenaline Rush: Managing Employment Risk, San Antonio Manufacturers Association (SAMA) 2020 Employment Law SeminarMarch 3-4, 2021
- Where Are the Employees: Understanding Leaves of Absences, San Antonio Manufacturers Association 16th Annual Employment Law WebinarFebruary 24 & 25, 2021
- January 12, 2021
- October 27, 2020
- October 15, 2020
- August 19, 2020
- March 25, 2020
- March 11, 2020
- August 23, 2019
- The Most Important Employment Law Issues in the World!, Association of Legal Administrators – Alamo ChapterJune 20, 2019
- Proposed White Collar Exemption Regulation Changes, San Antonio Chapter of the American Payroll AssociationMay 6, 2019
- May 3, 2019
- I’m Harassing ? No, You’re Harassing: Addressing the Complexities of Workplace Harassment, South Texas Manufacturers AssociationApril 23, 2019
- Employment Law Primer for Community Banks, IBAT Education Foundation HR SummitApril 4, 2019
- I Don't Want To Work and You Can't Make Me! Attendance, Leaves of Absence & Reasonable Accommodation, SHRM Rio Grande Valley March Meeting 2019March 27, 2019
- Back to the Basics – The Nuts and Bolts, San Antonio Manufacturers Association Employment Law SeminarFebruary 22, 2019
- Investigations and Harassment, Lower Valley Chapter of the Society of Human Resource ManagementJanuary 9, 2019
- November 7, 2018
- Tuesday, October 2 or Thursday, October 4, 2018
- August 3, 2018
- Please Make It Stop: Confronting Harassment in the Social Media Age, American Payroll AssociationMay 10, 2018
- ‘I don’t want to work, and you can’t make me’ – Attendance, Leaves of Absence and Reasonable Accommodations, Independent Bankers Association of Texas HR & Operations SummitApril 25, 2018
- The Best Defense to Employment Law Claims: Good Investigations, Independent Bankers Association of Texas HR & Operations SummitApril 24, 2018
- Sexual Harassment & the #MeToo Movement, Public Risk Management Association – Texas ChapterApril 12, 2018
- The Best Defense to Employment Law Claims: Good InvestigationsJanuary 24, 2018
- December 12, 2017
- November 3, 2017
- September 12 & 13, 2017
- Key Compliance Issues, Texas Trucking Alliance Annual ConferenceAugust 3, 2017
- Employment Issues under the New Presidential Administration, Rio Grande Valley Chapter of the Society of Human Resource ManagementJune 28, 2017
- May 5, 2017
- Employment Issues under the New Presidential Administration, Alamo Chapter of the American Payroll AssociationApril 20, 2017
- Policy and Enforcement Changes Under the New Presidential Administration, Laredo Association for Human Resources ManagementApril 12, 2017
- February 3, 2017
- October 13, 2016
- Fertile Ground for Employee ClaimsSeptember 15, 2016
- An Employment Triple Threat: New OSHA Regulations, New Wage Hour Regulations, and Use of Independent Contractors, South Texas Manufacturers AssociationAugust 23, 2016
- June 10, 2016
- The Most Interesting Employment Issues in the World for Home Care and Hospice, Texas Association for Home Care and HospiceNovember 17, 2015
- September 10-11, 2015
- Balance of Power: Respecting Employees' Privacy and Protecting Company Assets Coastal Bend SHRM, Corpus Christi, TexasAugust 20, 2015
- Workplace Investigations, Dykema Cox Smith Workshop, San Antonio, TexasAugust 7, 2015
- March 26, 2015
- February 27, 2015
- “What’s Up With That?: Issues with Privacy, Harassment and Retaliation in the Nonprofit Sector,” Speaker Dan Stern, SAAF Legal and Accounting Institute for 2014December 5, 2014
- October 24, 2013
- IBAT Operations Compliance Summit, Speakers Thomas Alleman, Karen Neeley and Daniel SternJune 20, 2013
- HR 101 - The Nuts and Bolts Every HR Professional Must Know, Cox Smith Employment and Employer Rights Workshop, El Paso, TexasMarch 28, 2013
- From Fiscal Cliff to Employment Cliff - 2012 in Review, Cox Smith Employment and Employer Rights Workshop, El Paso, TexasMarch 28, 2013
- February 22, 2013
- October 18, 2012
- July 13, 2012
- February 24, 2012
- November 11, 2011
- October 27, 2011
- "2011 Perspective: Entertaining and Enlightening Employment Cases of this Year," presenter Dan Stern, LAHRM Human Resources Update: Voyage into the UnknownOctober 12, 2011
- August 25, 2011
- July 21, 2011
- ADA Amendments/GINA/Privacy - What you Need to Know and What You Should Know, Cox Smith Employment and Employer Rights WorkshopMay 6, 2011
Publications
- April 2, 2020Industry Week
- August 6, 2015Inside Counselhttp://www.insidecounsel.com/2015/08/06/employer-employee-confidential-information-who-is
- “Mortgage Loan Officer Status Clarified by U.S. Supreme Court,” by Karen M. Neeley and Daniel R. Stern, Dykema Banking BlogMarch 11, 2015
News
- November 16, 2020
- November 5, 2020
- September 17, 2020
- September 10, 2020
- March 24, 2020
- March 16, 2020
- March 12, 2020
- January 31, 2018
- January 1, 2018
- December 14, 2017
- March 9, 2017
- July 29, 2015
Alerts
- July 23, 2019
- August 16, 2018
- April 4, 2018
- September 9, 2016
- May 18, 2016
- January 15, 2015
- September 8, 2014
- August 26, 2013
- February 10, 2012
- September 27, 2011
Press Releases
- 18 Attorneys Earn “Lawyer of the Year” HonorsAugust 20, 2020
- 18 Attorneys Earn “Lawyer of the Year” HonorsAugust 15, 2019
- 13 Attorneys Earn “Lawyer of the Year” HonorsAugust 15, 2018
- 10 Attorneys Receive “Lawyer of the Year” HonorsAugust 15, 2017
- 14 Attorneys Receive “Lawyer of the Year” HonorsAugust 15, 2016
- 12 Attorneys Receive “Lawyer of the Year” HonorsAugust 18, 2015
- November 6, 2014
- September 24, 2014
- August 22, 2013
- September 6, 2012
- September 9, 2011
Blog Posts
Memberships & Involvement
- Texas Bar Association, Labor and Employment Law Sections
- San Antonio Bar Association
Community/Civic Activities
- Laredo Human Resource Management Association, Former Board Member
- Society of Human Resource Management – Rio Grande Valley, Speaker
- San Antonio Human Resource Management Association
- San Antonio Manufacturer Association, Speaker
- South Texas Manufacturers Association, Speaker
Awards & Recognition
- Recognized by San Antonio Magazine in "San Antonio's Top Attorneys" for Labor & Employment, 2019 and 2020
- Recipient of an AV® Preeminent™ Rating by Martindale-Hubbell
- Recognized in The Best Lawyers in America® for Employment Law - Individuals; Employment Law - Management; Labor Law - Management; Labor Law - Union; Litigation - Labor and Employment, 1999-Present. Copyright 2015 by Woodward/White, Inc., Aiken, SC
- Named by The Best Lawyers in America® as San Antonio Employment Law (Individuals) "Lawyer of the Year," 2021
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Named by The Best Lawyers in America® as San Antonio Employment Law (Management) "Lawyer of the Year," 2015
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Recognized by S.A. Scene in "San Antonio’s Best Lawyers" for Employment Litigation: Defense